43 U.S.C. § 1801 — Congressional findings

Page 598 TITLE 43—PUBLIC LANDS § 1801 tion, exchange, or purchase from a willing seller with donated or appropriated funds. (C) Additions to the Outstanding Natural Area Any land or interest in land adjacent to the Outstanding Natural Area acquired by the United States after May 8, 2008, under subparagraph (A) shall be added to, and ad- ministered as part of, the Outstanding Nat- ural Area. (6) Law enforcement activities Nothing in this section, the management plan, or the Jupiter Inlet Coordinated Re- source Management Plan (including any up- dates or amendments to the Jupiter Inlet Co- ordinated Resource Management Plan) pre- cludes, prohibits, or otherwise affects— (A) any maritime security, maritime safe- ty, or environmental protection mission or activity of the Coast Guard; (B) any border security operation or law enforcement activity by the Department of Homeland Security or the Department of Justice; or (C) any law enforcement activity of any Federal, State, or local law enforcement agency in the Outstanding Natural Area. (7) Future disposition of Coast Guard facilities If the Commandant determines, after May 8, 2008, that Coast Guard facilities within the Outstanding Natural Area exceed the needs of the Coast Guard, the Commandant may relin- quish the facilities to the Secretary without removal, subject only to any environmental remediation that may be required by law. (e) Effect on ongoing and future Coast Guard op- erations Nothing in this section, the management plan, or the Jupiter Inlet Coordinated Resource Man- agement Plan (including updates or amend- ments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits, or oth- erwise affects ongoing or future Coast Guard op- erations or activities in the Outstanding Nat- ural Area, including— (1) the continued and future operation of, ac- cess to, maintenance of, and, as may be neces- sitated for Coast Guard missions, the expan- sion, enhancement, or replacement of, the Coast Guard High Frequency antenna site on lot 16; (2) the continued and future operation of, ac- cess to, maintenance of, and, as may be neces- sitated for Coast Guard missions, the expan- sion, enhancement, or replacement of, the military family housing area on lot 18; (3) the continued and future use of, access to, maintenance of, and, as may be neces- sitated for Coast Guard missions, the expan- sion, enhancement, or replacement of, the pier on lot 18; (4) the existing lease of the Jupiter Inlet Lighthouse on lot 18 from the Coast Guard to the Loxahatchee River Historical Society; or (5) any easements or other less-than-fee in- terests in property appurtenant to existing Coast Guard facilities on lots 16 and 18. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 110–229, title II, § 202, May 8, 2008, 122 Stat. 763.) Editorial Notes REFERENCES IN TEXT The Executive Order dated October 22, 1854, and Exec- utive Order No. 4254 (June 12, 1925), referred to in sub- sec. (b)(4)(B)(i), (ii), were not classified to the Code. The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(1)(A)(iii), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. CODIFICATION Section was enacted as part of the Consolidated Nat- ural Resources Act of 2008, and not as part of the Fed- eral Land Policy and Management Act of 1976 which comprises this chapter. CHAPTER 36—OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT Sec. 1801. Congressional findings. 1802. Congressional declaration of purposes. SUBCHAPTER I—OFFSHORE OIL SPILL POLLUTION FUND 1811 to 1824. Repealed. SUBCHAPTER II—FISHERMEN’S CONTINGENCY FUND 1841. Definitions. 1842. Fishermen’s Contingency Fund. 1843. Duties and powers of Secretary. 1844. Burden of proof. 1845. Claims procedure. 1846, 1847. Repealed. SUBCHAPTER III—MISCELLANEOUS PROVISIONS 1861. Repealed. 1862. Natural gas distribution. 1863. Unlawful employment practices; regulations. 1864. Disclosure of financial interests by officers and employees of Department of the Inte- rior. 1865. Investigation of reserves of oil and gas in Outer Continental Shelf. 1866. Relationship to existing law. § 1801. Congressional findings The Congress finds and declares that— (1) the demand for energy in the United States is increasing and will continue to in- crease for the foreseeable future; (2) domestic production of oil and gas has de- clined in recent years; (3) the United States has become increas- ingly dependent upon imports of oil from for- eign nations to meet domestic energy demand; (4) increasing reliance on imported oil is not inevitable, but is rather subject to significant reduction by increasing the development of domestic sources of energy supply; (5) consumption of natural gas in the United States has greatly exceeded additions to do- mestic reserves in recent years; (6) technology is or can be made available which will allow significantly increased do- mestic production of oil and gas without undue harm or damage to the environment; (7) the Outer Continental Shelf contains sig- nificant quantities of oil and natural gas and Page 599 TITLE 43—PUBLIC LANDS § 1802 is a vital national resource reserve which must be carefully managed so as to realize fair value, to preserve and maintain competition, and to reflect the public interest; (8) there presently exists a variety of tech- nological, economic, environmental, adminis- trative, and legal problems which tend to re- tard the development of the oil and natural gas reserves of the Outer Continental Shelf; (9) environmental and safety regulations re- lating to activities on the Outer Continental Shelf should be reviewed in light of current technology and information; (10) the development, processing, and dis- tribution of the oil and gas resources of the Outer Continental Shelf, and the siting of re- lated energy facilities, may cause adverse im- pacts on various States and local govern- ments; (11) policies, plans, and programs developed by States and local governments in response to activities on the Outer Continental Shelf cannot anticipate and ameliorate such adverse impacts unless such States, working in close cooperation with affected local governments, are provided with timely access to informa- tion regarding activities on the Outer Conti- nental Shelf and an opportunity to review and comment on decisions relating to such activi- ties; (12) funds must be made available to pay for the prompt removal of any oil spilled or dis- charged as a result of activities on the Outer Continental Shelf and for any damages to pub- lic or private interests caused by such spills or discharges; (13) because of the possible conflicts between exploitation of the oil and gas resources in the Outer Continental Shelf and other uses of the marine environment, including fish and shell- fish growth and recovery, and recreational ac- tivity, the Federal Government must assume responsibility for the minimization or elimi- nation of any conflict associated with such ex- ploitation; (14) the oil and gas resources of the Outer Continental Shelf are limited, nonrenewable resources which must be developed in a man- ner which takes into consideration the Na- tion’s long-range energy needs and also assures adequate protection of the renewable resources of the Outer Continental Shelf which are a continuing and increasingly im- portant source of food and protein to the Na- tion and the world; and (15) funds must be made available to pay for damage to commercial fishing vessels and gear resulting from activities involving oil and gas exploration, development, and production on the Outer Continental Shelf. (Pub. L. 95–372, title I, § 101, Sept. 18, 1978, 92 Stat. 630.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–610, title I, § 1, Nov. 5, 1988, 102 Stat. 3176, provided that: ‘‘This Act [probably should be ‘This title’, which amended section 1815 of this title] may be cited as the ‘Outer Continental Shelf Operations In- demnification Clarification Act of 1988’.’’ SHORT TITLE Pub. L. 95–372, § 1, Sept. 18, 1978, 92 Stat. 629, provided: ‘‘That this Act [enacting this chapter, sections 1344 to 1356 of this title, and section 237 of Title 30, Mineral Lands and Mining, amending sections 1331 to 1334, 1337, 1340, and 1343 of this title, sections 1456, 1456a, and 1464 of Title 16, Conservation, and section 6213 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 1348 and 1811 of this title] may be cited as the ‘Outer Continental Shelf Lands Act Amendments of 1978’.’’ § 1802. Congressional declaration of purposes The purposes of this chapter are to— (1) establish policies and procedures for man- aging the oil and natural gas resources of the Outer Continental Shelf which are intended to result in expedited exploration and develop- ment of the Outer Continental Shelf in order to achieve national economic and energy pol- icy goals, assure national security, reduce de- pendence on foreign sources, and maintain a favorable balance of payments in world trade; (2) preserve, protect, and develop oil and natural gas resources in the Outer Continental Shelf in a manner which is consistent with the need (A) to make such resources available to meet the Nation’s energy needs as rapidly as possible, (B) to balance orderly energy re- source development with protection of the human, marine, and coastal environments, (C) to insure the public a fair and equitable return on the resources of the Outer Continental Shelf, and (D) to preserve and maintain free enterprise competition; (3) encourage development of new and im- proved technology for energy resource produc- tion which will eliminate or minimize risk of damage to the human, marine, and coastal en- vironments; (4) provide States, and through States, local governments, which are impacted by Outer Continental Shelf oil and gas exploration, de- velopment, and production with comprehen- sive assistance in order to anticipate and plan for such impact, and thereby to assure ade- quate protection of the human environment; (5) assure that States, and through States, local governments, have timely access to in- formation regarding activities on the Outer Continental Shelf, and opportunity to review and comment on decisions relating to such ac- tivities, in order to anticipate, ameliorate, and plan for the impacts of such activities; (6) assure that States, and through States, local governments, which are directly affected by exploration, development, and production of oil and natural gas are provided an oppor- tunity to participate in policy and planning decisions relating to management of the re- sources of the Outer Continental Shelf; (7) minimize or eliminate conflicts between the exploration, development, and production of oil and natural gas, and the recovery of other resources such as fish and shellfish; (8) establish an oilspill liability fund to pay for the prompt removal of any oil spilled or discharged as a result of activities on the Outer Continental Shelf and for any damages to public or private interests caused by such spills or discharges;